Legal Question in Family Law in India
Divorce ,family law ,lok adalat
I filed a case u/s 498A against my husband at Durgapur, W.B. He also filed a divorce suit against me at his working place at Pune,Maharastra. The divorce court order for an interim mentainance and litigation cost to me from my husband. But without taking any action, my husband now refer the matter to a Lok Adalat without my consent. But I am not interested for it and want the trial to be in regular court . Now may I bound to attend the Lok adalat ? Wheather Ex- party order will be issued from Lok Adalat if I will not attend ?
What shall I do , please guide me.
6 Answers from Attorneys
Re: Divorce ,family law ,lok adalat
you may attend the Lok Adalat and before the presiding officer, you may refuse to go for amicable settlement and demand for sending the case back to the concerned court. no one can compel anyone for a settlement. you husband would have manipulated to get the case refered to lok adalat as the same is not refered without the consent of both the parties.
Re: Divorce ,family law ,lok adalat
Already replied.
Re: Divorce ,family law ,lok adalat
Lok Adalat is only a mode for settling disputes amicably out of court. So even if you attend lok adalat and your matter does not reconcile it will again be sent to court.
Re: Divorce ,family law ,lok adalat
lok adalat is for amicable settlement of teh matter no exparte order can be passed by lok adalat
Re: Divorce ,family law ,lok adalat
Lok Adalat is not a legal forum to decide the matters rather compromise, where party's consent is required. You may attend or not attend. In case you attend the Lok Adalat, you may refuse the compromise. Case will ultimately come to trial court. Lok Adalat has no power to pass ex-parte order. No one be compelled to go against his own wishes.
Re: Divorce ,family law ,lok adalat
No, you are not bound to attend Lok Adalat.
If you do not participate, the Lok Adalat may send the case back to trial (regular) court.
You may also consider transfer of the matrimonial case to Durgapur by filing a transfer petition in the Supreme Court of India. that may facilitate trial for you in respect of both the cases - civil and criminal.